The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-11-10
INVOKING THE LAW.

INVOKING THE LAW.
The Chicago Murderers seek 60 Use the
STATUTES Avoid the Galiows.
CHICAGO Nov. 9.-The latest Anarchist bomb
was exploded in the county court to-day, when
an application was made TO Judge Prendergast
to have Louis Linge declared insane, and sent
TO an asylum instead CT to the gallows- At noon
attorney v " Hunt strode into court and upset
the hum drum proceedings OF q condemnation
case by exclaiming in a loud voice: 'If your
Honor please, 1 have a petition here to have
Louis Lingg declared insane by your honorable
court"
Let me hear your petition" said Judge
Prendergast
Mr. Hunt then read, in a very impressive tone
the following petition:
To the Hon. Richard Prendsrgast. Judge of the
County Court
The petitioner, James G. Kirnan, would respect
fully represent that he believes Louis Lingg, resi-
for his benefit and for the safety of the community
that he should be confined in State hospit for the
insane. The facts in his be proven by James
G. Kirnan, NJ. D., regular practcing physician and
George D. De.wiler. Ferdinand Spies, Ida Spies
Perch, Louis zotter, Mr. Lnemeyer and w Benthen
erty or effects wherefore your petitioner
prays that a warrant be issued for said
jury OF six good and lawful mon to determine the
truth of the allegations in the foregoing petition
tanned. and also that subpoena be issued for the
witnesses named, returnable at such time as may be
Lngg be declared insane person after due hearing
and proof: and that he be committed 20 State hos
pital for the insane JAMES q. KIRNAN, NJ. ID.
Then follows deposition, reading:
James G. kYnan, being duly sworn. deposes and
says that the foregoing petition by James g. Kirnan
subscribed is to the best Of his information and
vernber, 1887. HENRY WULFF, County Clerk.
When Mr.. Hunt had flashed, pause of few
moments ensued. and dead silence prevailed,
when the Judge turned partly around. and. tax =
ing up leather-covered volume. peTused it for
q moment. Then he laid the book down befors
him, and said: ITO save any misapprehenson
as to the courts action in this matter the record
will show that on the application to try the
question of the alleged insanity of Louis Linge.
Just presented the court, in view of Section 2S5
of the Revised Statutes. which bear upon this
petition. and in view of the fact that the alleged
luna.ic is under conviction in the Criminal
Court of Cook county, will take no action the
petition without notice to the public prosec utor.
the States attorney Of this county The statute
provides as follows:
".A person that becomes lunatic or insane after
the commission of a crime ulisdemeanor shall not
be tried for the oense during the continuance of the
lunacy or insanity. If after the verdict of guilty
aud before Judgment is pronounced, such person be-
a unatic insane, then no judgment shall be
given while such lunacy insanity shall continue;
and if after Judgment and before execution of the
sentence, such person becomes lunatic insane,
then in case the punishment becomes capital the ex
ecnton thereof shall be stayed until the recovery
said person from the insanity or lunacy. In all of
these cases it shall be the duty of the
panel jury to try the question whether the ac-
cused be- at the time of impaneling, insane lu-
matte
cir view OF that section it becomes question
whether the jurisdiction of the Criminal Court
&C. of fho ,,-r,s oT
the County Court If the falls within the
jurisdiction of this court. and the petition is
made out in conformity with law, and the peti-
toner is entitled to any relief at the hands of
the court. the court will not hesitate to act.
You may give notice for o'clock this afternoon,
to the States attorney, that you will
your application. That will be written notice.
certified to by the parties named in the petition.
l will hear the matter at o'clock. This will
give you two hours to give notice.
Mr.. Hunt handed in his petition, which was
placed file. and left the courtroom.
At o'clock the hearing of the arguments on
the petition WAS taken up in the court. The
usual formal notice was served on States At
torney Grinnell about o'clock It simply in
formed the latter that a writ of inquisition. di-
rected to the sheriff. commanding him to bring
Louis Lineg before the court for trial for insan-
ity had been filed. When the argument. com
menced, this afternoon, the which counsel
for the condemned had to make was the showing
of sufficient grounds TO warrant the court in is
suing the writ on the sheriff commanding Llnge
to be brought from his cell before the court
Judge Prendergast cut the proceedings short by
refusing interfere in Linggs behalf and sus-
tanning States Attorney Grinnels argument
that the prisoner was out of the jurisdiction of
the Cook County Court The court said that it
would undertake to pass upon the case util
the Criminal Court refused to do SO, and Mr..
Hunt announced that he wanted to carry the
matter the latter tribunal tomorrow morning.
Messrs. Hunt aud Kirnan, late this afternoon,
went to the Criminal Court and filed petition
for inquiry into Linggs sanity with the
clerk, after which they sought Judge Bakers
court room to lay the matter before him and
ask him TO interfere. The judge was not in.
and they went out to find him. In they do
not succeed in getting the case before j udge Ba-
ker tonight. they will appeal before him to-
morrow morEing.